The judgment below

The part concerning confiscation and collection shall be reversed.

gallon lusium 7 (No. 3) seized shall be confiscated.

1. The summary of the Defendant’s grounds for appeal: The Defendant asserted misunderstanding of legal principles in the trial of unfair sentencing, and withdrawn it on the second trial date.

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. 1 Ex officio determination on confiscation and collection) The lower court held that the Act on the Control of Narcotics, Etc. (hereinafter “Narcotic Drugs Control Act”) was applicable.

Article 67 of the Narcotics Control Act provides that “the narcotics, temporary narcotics, facilities, equipment, means of transportation, or means of transportation provided for any crime prescribed in this Act and the proceeds therefrom shall be confiscated.” However, the seized gallon view 71 price cannot be deemed as subject to confiscation prescribed in the above provision. However, the seized gallon view71 unit constitutes “the goods provided for an act of crime” under Article 48(1)1 of the Criminal Act by the Defendant for a crime of violating the Narcotics Control Act, etc., and thus, may be confiscated pursuant to this provision. The lower court erred by misapprehending the legal doctrine on objects of confiscation under the main sentence of Article 67 of the Narcotics Control Act, thereby misapprehending the legal doctrine on objects of confiscation under the main sentence of Article 67 of the same Act (see, e.g., Supreme Court Decision 2012Do1214, Nov. 29, 2012).

Since the collection under the Narcotics Control Act is a disposition with punitive nature, it is necessary to order the person who handles the same narcotics as well as the owner or the final holder of the narcotics to collect the full value within the scope of the handling.

However, if the whole or part of the narcotics were confiscated from the owner or the last holder, the relationship with the other person in charge.